Patent Litigation in China—Can You Receive Proper Compensation

Damages are one of the major remedies for patent infringement. China has long been criticized for low damages typically awarded to rightsholders who are victors in patent infringement lawsuits. Statistically, such an outcome is still likely now.

Recently, the Office of Legal Affairs for the State Council published the Draft Amendment to the Patent Law (Draft for Examination Procedure, “the Draft Amendment”), which seeks public opinions acceptable till January 1, 2016. In the Draft Amendment, compensating rightsholders adequately for past infringement and posing deterrent effects seriously upon . . .

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